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AGREEMENT FOR PROFESSIONAL SERVICES (84)AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the / day of , 2015 by and between the City of Clearwater, Florida (CITY) and Drigge Engineering Services, Inc., (ENGINEER). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ENGINEER in a response to Request for Qualifications #34 -15 dated May 1, 2015: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ENGINEER to work with and for the CITY toward solutions to engineering problems and the approach or technique to be used toward accomplishment of the CITY's objective for each project or assignment. The ENGINEER's services shall include developing and presenting advisory opinions regarding the usefulness and continued profitability of Water, Sewer and Stormwater Utility System facilities, the proper maintenance of the elements of the System and the design of capital improvements thereto; roads, drainage, structural analysis, transportation, traffic, environmental and gas systems. Representative assignment areas are expected to include, but not be limited to, planning, studies or design services as listed below: 1 2.1.1. Preparation of construction drawings, specifications and bid documents for public works projects, including but not limited to: 2.1.1.a. Structural engineering elements 2.1.1.b. Streets and roadways, including intersection improvements 2.1.1.c. Parking facilities 2.1.1.d. Utility infrastructure, including water, wastewater, natural gas, storm water and reclaimed water 2.1.2. Land surveying activities, including title search, aerial target placement, topographic surveys, right -of -way surveys, preparation of right -of -way control surveys, preparation of right -of -way mapping /parcel descriptions /parcel sketches 2.1.3. Architectural services 2.1.4. Transportation improvement planning and studies, including Project Development & Environment (PD &E) studies 2.1.5. FDEP Brownfield Redevelopment Program projects 2.1.6. Traffic operations activities, including traffic signal warrant analysis, safety studies, preparation of traffic signal construction documents, preparation of pavement marking & signing plans, assistance as needed with the implementation of timing plans for and the operation of the City's Urban Traffic Signal Computer System 2.1.7. Hazardous materials investigations, mitigation /remediation plans and associated tasks 2.1.8. Management of construction contracts 2.1.9. Review and assessment of the applicability of design /build contracts and /or Value Engineering for various CITY improvements 2.1.10. Development/preparation of grant applications for CITY projects 2.1.11. Preparation of permit application packages, including water, waste water, surface water management, National Pollution Discharge Elimination System (NPDES), and wetland impacts: assistance in meeting regulatory and grant requirements, permitting and preparation of permit documents and representation of the CITY before appropriate regulatory bodies 2.1.12. Environmental audits, including evaluation of hazardous materials potential, archeological or historical resources, impacts to threatened or endangered species 2.1.13. Hydraulic /hydrologic modeling of streams, watersheds, water and wastewater piping systems and modeling of treatment processes, etc. 2.1.14. Development of wetland mitigation plans, including compliance monitoring 2.1.15. Water quality monitoring, including report preparation 2.1.16. Preparation and implementation of public involvement programs, including graphics (presentation boards, slides, handouts, etc.) 2.1.17. Studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation 2.1.18. Studies related to rates, user charges and impact upon various agreements between the CITY and its customers, suppliers and consultants 2.1.19. Studies of recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities: includes possible preparation of construction documents (including permits) and construction management 2.1.20. Aviation services, including master planning and design of planned improvements 2 2.1.21. Preparation of traffic calming plans 2.1.22. Landscape and irrigation design 2.1.23. Other work as may be reasonably required under the general scope of professional and technical engineering services in connection with the CITY's public works /engineering system. 2.2 The ENGINEER's services under this Agreement will be provided under Work Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed -upon detailed scope of services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for services shall not exceed $100,000 per Work Order, unless specifically authorized by the City Council. 2.3 The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering services hereunder, and shall diligently execute the work to meet the completion time established in Work Order. The ENGINEER shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information. This includes: contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and /or architect firms for similar services. The ENGINEER will, when directed to do so by the CITY, coordinate and work with other engineering and /or architectural firms retained by the CITY. 3.0 PERIOD OF SERVICE 3.1 The ENGINEER shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ENGINEER's services called for under any Work Order are delayed for reasons beyond the ENGINEER's control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until four (4) years from the date of initiation, July 24, 2015, subject to the provisions for termination contained herein. The City retains the right to exercise an option to conduct a mid -term solicitation. Assignments that are in progress at the Contract termination date will be completed by the ENGINEER unless specifically terminated by the CITY. 4.0 INSURANCE REQUIREMENTS See Exhibit "A" attached. 3 5.0 PROFESSIONAL SERVICES /CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ENGINEER and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ENGINEER for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the ENGINEER. 6.2 The ENGINEER shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ENGINEER shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 6.3 The ENGINEER will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. 6.4 Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem necessary. 6.5 The CITY and the ENGINEER each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ENGINEER will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ENGINEER shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of this AGREEMENT and any Work Orders issued under this AGREEMENT. 4 6.7 The ENGINEER agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part -time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the ENGINEER shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 6.9 The ENGINEER shall attach a brief status report on the project(s) with each request for payment. 6.10 Unless otherwise required by law or judicial order, the ENGINEER agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The ENGINEER also agrees that it shall not publish, copyright or patent any of the site specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the ENGINEER for "In House" use. Only data and reports generated by the ENGINEER under this Agreement shall be the property of the City. 6.11 Public Records - The ENGINEER will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. 7.0 COMPENSATION 7.1 The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ENGINEER's invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit `B ". 5 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon receipt. 7.3 The ENGINEER agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 8.0 PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the ENGINEER any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the ENGINEER shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the ENGINEER may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the ENGINEER will be paid for services rendered through the date of termination. 6 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287 - 132 -133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA The ENGINEER will be required to comply with Section 287.135, Florida Statutes, specifically to the following, attached hereto as Exhibit "C ": (a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and (b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and (c) Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and (d) If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Driggers Engineering Services, Inc. Countersigned: c l p o f i e C1 t''1 George N. Cretekos Mayor Approved as to form and correctnes • Matthew . Smit Assistant City Attorney NT /W. - WITNESS: By: Print Name: Gt/ivi /14,4/ Jr Title: 44/ /, F. JAIME DRIGGERS PRESIDEN CITY OF CLEARWATER By: William B. Horne II City Manager ATTEST: By: 8 Rosemarie Call City Clerk EXHIBIT "A" RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for services and /or products with other parties. Agreements and contracts shall contain Risk Management /Insurance terms to protect the City's interest and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED: The term "City" (whenever it may appear in this Exhibit) is defined to mean the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this Exhibit) is defined to mean the other person or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS DEFINED: The term "Hold Harmless" (whenever it may appear in this Exhibit) is defined to mean that the Other Party shall indemnify and hold harmless the City, and its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in the performance of this Agreement and any Work Orders issued under this Agreement. PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City" (whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for claims or suits arising from the fault of the Other Party or other persons employed or utilized by the Other Party in performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. Exh. A — Page 1 INSURANCE REQUIREMENTS. The ENGINEER shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the ENGINEER'S deductible or self - insured retention and to require that it be reduced or eliminated. Specifically the ENGINEER must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products /completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non - owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the ENGINEER is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then ENGINEER'S Equipment Insurance or Property Insurance on an "All Risks" basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the ENGINEER with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Exh. A — Page 2 The above insurance limits may be achieved by a combination of primary and umbrella /excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the ENGINEER will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured." In addition when requested in writing from the City, ENGINEER will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Engineering, RFQ #34 -15 P.O. Box 4748 Clearwater, FL 33758 -4748 b. ENGINEER shall provide thirty (30) days written notice of any cancellation, non - renewal, termination, material change or reduction in coverage. c. ENGINEER'S insurance as outlined above shall be primary and non - contributory coverage for ENGINEER'S negligence. d. ENGINEER reserves the right to appoint legal counsel to provide for the ENGINEER'S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to ENGINEER'S design, equipment, or service. ENGINEER agrees that the City shall not be liable to reimburse ENGINEER for any legal fees or costs as a result of ENGINEER providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of ENGINEER's obligation to provide the insurance coverage specified. Exh. A — Page 3 EXHIBIT "B" PROVISION OF PAYMENT ENGINEER OF RECORD: Driggers Engineering Services, Inc. BASIS FOR PAYMENT The owner shall pay ENGINEER and ENGINEER agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method "A" — Costs Times Multiplier Basis — Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier 1.0 includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Method `B" — Lump Sum — Compensation in the form of "lump sum" for all work associated with a Work Order or task and shall be determined by mutual agreement between the ENGINEER and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ENGINEER. Hourly Rates - The estimated hourly rates below represent 2015 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and ENGINEER review. (Note: All rates are hourly salary) Exh. B — Page 1 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 34 -15 2015 DIRECT HOURLY RATES ENGINEER OF RECORD: Driggers Engineering Services. Inc. Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President Vice President/Officer -in- Charge 180.00/hr. Senior Project Manager /Group Manager 155.00/hr . Project Manager /Associate Principal Construction Manager 125 .00 /hr . Construction Engineer Senior Engineer /Scientist Engineer /Scientist (III -IV) Engineer /Scientist (I -III) Planner Landscape Architect Field Technician Senior Designer Drafter /CADD Operator 70.00 /hr. Operations Specialist Fiscal /Accounting Administrative /Clerical 59. 50 /hr . MULTIPLIER: 1.0 Exh. B — Page 2 See attached unit fee schedule EXHIBIT "C" SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. STATE OF ` /pi, d0. COUNTY OF e n osS 'ed Signature F. JAIME DRIGGERS Printed Name PRESIDENT Title DRIGGERS ENGINEERING SERVICES Name of Entity /Corporation The foregoing instrument was acknowledged before me on A J 0■., Me Dr, cj e r', (name PreS , den (tile) of (7 5 personally known to me as described herein of identification) as identification, and who did /did not take this / day of ,) J \ \( , 20 1 J , by of person whose signature is being notarized) as the e�� Eny:' -,ee,, S.KS (name of corporation/entity), or produced a (type an oath. AMBER OLESEN MY COMMISSION #FF052510 , .,,, EXPIRES September 9, 2017 (407) 398-0153 FloridallotaryService.com My Commission Expires: 0 q - 0 9 - ao t _1 NOTARY SEAL ABOVE No u Olber C0)P5et1 Printed Name Exh. C — Page 1 2015 City of Clearwater Geotechnical and Materials Testing and Inspection Services Fee Schedule GEOTECHNICAL SERVICES 1:0 ENGINEERING AND PROFESSIONAL SERVICES ITEM DESCRIPTION UNIT FEE 1.1 Senior Engineer (P.E.) 155.00/Hr. 1.2 Principal Engineer (P.E.) 180.00 /Hr. 1.3 CADD Operator 70.00/Hr. 1.4 Clerical 59.50/Hr. 1.5 Laboratory Director 125.00 /Hr. DESI - City of Clearwater 2015 1 2.0 DRILLING SERVICES ITEM DESCRIPTION UNIT FEE 2.1 Mobilization and Demobilization of 3 -Man Crew (readily accessible to truck - mounted drilling equipment) $350.00 LS 2.2 Mobilization and Demobilization of 3 -Man Crew (swamp, barge Quoted Upon or difficult access) Request 2.3 Crew Time (3 -man crew, drilling and support vehicles) for 235.00/Hr. Special Drilling, Sampling, Monitor Well Installation or Land, etc. (minimum 8 hours per day) 2.3.1 Cost + 15% Miscellaneous Materials, Bits, Equipment Rental, Supplies, etc. 2.4 Crew Time (3 -man crew and drilling equipment on water 330.00/Hr. [minimum 8 hours per day]) 2.4.1 Portable Self- Propelled Barge and Work Boat 900.00 /Day 2.4.2 Barge and Tug (ocean- going) Cost + 15% 2.4.3 Miscellaneous Materials, Bits, Equipment Rental, Supplies, etc. Cost + 15% 2.5 Standard Penetration Test Borings (ASTM D -1586, split -spoon sampling; Standard Truck- Mounted Drill Unit) 2.5.10 -50 Feet i. Soil 13.00 /LF ii. Rock 14.75/LF iii. Cemented Soil (N >50) 14.75/LF 2.5.2 50 -100 Feet i. Soil 15.00 /LF ii. Rock 17.00 /LF iii. Cemented Soil (N >50) 17.00 /LF 2.5.3100 -150 Feet i. Soil 17.75/LF ii. Rock 21.25/LF iii. Cemented Soil (N >50) 21.25/LF 2.5.4150 -200 Feet i. Soil 24.50/LF ii. Rock 29.50/LF iii. Cemented Soil (N >50) 29.50/LF DESI - City of Clearwater 2015 2 2.0 DRILLING SERVICES (Continued) UNIT ITEM DESCRIPTION FEE 2.6 Track - Mounted Drill Unit 2.6.1 0 -50 Feet i. Soil $ 17.00 /LF ii. Rock 19.25/LF iii. Cemented Soil (N >50) 19.25/LF 2.6.2 50 -100 Feet i. Soil 19.25/LF ii. Rock 22.25/LF iii. Cemented Soil (N >50) 22.25/LF 2.7 Tripod or Limited Access Drill Unit Equipment (3 -man crew and equipment [minimum 8 hours per day]) 225.00/Hr. 2.8 Undisturbed Sampling in Conjunction with Boring (3" O.D. 125.00 Ea. Shelby tube samples) 2.9 Grouting of Boreholes per SWFWMD Regulations 5.00 /LF 2.10 Rock Coring 2.10.1 NX Size (approximately 2h /8") 45.00 /LF 2.10.2 2.5" Diameter 60.00 /LF 2.11 Temporary Casing (only if needed) 2.11.1 4" 6.50 /LF 2.11.2 6" 9.50 /LF 2.12 Patch Borehole in Asphalt or Concrete 60.00 Ea. DESI - City of Clearwater 2015 3 3.0 FIELD SERVICES ITEM DESCRIPTION UNIT FEE 3.1 Double -Ring Infiltration Test (local and depth <3 feet [ASTM D- 3385]) 3.1.1 Depth greater than 3 feet to be negotiated based on depth requirements $ 475.00 Ea. 3.2 Hand Auger Boring 10.00 /LF 3.3 Hand Cone Penetrometer 3.50 /LF. 4.0 LABORATORY GEOTECHNICAL TESTING ITEM DESCRIPTION UNIT FEE 4.1 Consolidation Test $ 350.00 Ea. 4.2 Laboratory Permeability on Sand (ASTM D- 2434 -74) 175.00 Ea. 4.3 Unconfined Compression Test 125.00 Ea. 4.4 Grainsize Analysis (ASTM D- 422 -92) 30.00 Ea. 4.5 Atterberg Limit (plastic and liquid [ASTM D- 43- 18 -87]) 65.00 Ea. 4.6 Organic Content (FM 1T -267) 30.00 Ea. 4.7 Specific Gravity of Soil (ASTM D- 854 -92) 30.00 Ea. 4.8 Hydrometer of Soil (ASTM D- 422 -92) 135.00 Ea. DESI - City of Clearwater 2015 4 4.0 LABORATORY GEOTECHNICAL TESTING (Continued) ITEM DESCRIPTION UNIT FEE 4.9 Constant Head Permeability (ASTM D- 2434 -74) $ 175.00 Ea. 4.10 Permeability with Back Pressure Saturation (ASTM D- 5084 -90) 375.00 Ea. 4.11 Corrosivity Series (resistance, pH, SO4, CL [FDOT method]) 250.00 Ea. 4.12 Field Sampling of Materials 60.00/Hr. 5.0 SOILS ITEM DESCRIPTION UNIT FEE 5.1 Laboratory Proctor Test (Standard ASTM D698 or Modified ASTM D1557) $ 100.00 Ea. 5.2 Field Density Test (Sand Cone ASTM D1556 or Nuclear ASTM D2922 Densitometer) Minimum Charge - $60.00 Per Trip 22.00 Ea. 5.3 Full -Time Senior Geotechnical Inspection Minimum Charge - Eight (8) Hours Per Day 60.00 /Hr. 5.4 Limerock Bearing Ratio (FM 5 -515) 275.00 Ea. 5.5 Base or Subgrade Thickness Determination in Conjunction with Density Test 5.00 Ea. 5.6 Turbidity Test (NTU) (Plus Sampling Time) 20.00 Ea. 5.7 Limerock Analysis (Carbonates of Calcium and Magnesium) (FM 5 -514) 65.00 Ea. 5.8 pH Determination (ASTM G- 51 -77) Corrosion 5.14.1 pH Determination (ASTM D4972) Agricultural 25.00 Ea. 35.00 Ea. DESI - City of Clearwater 2015 5 6.0 CONCRETE ITEM DESCRIPTION UNIT FEE 6.1 Cylinder Preparation (ASTM C31) of Fresh Concrete and Pick -Up includes Slump Test (ASTM C143) Temperature (ASTM C -1064) and All Pertinent Field Data 55.00/Hr. 6.2 Laboratory Compression Testing 11.00 Ea. 15.00 Ea. 15.00 Ea. 6"x12" Cylinders 3 "x3 "x6" Prisms 2 "x2" Cubes 6.3 Air Content of Fresh Concrete (ASTM C173 or C231) 15.00 Ea. 6.4 Beam Preparation (ASTM C31) of Fresh Concrete and Pick -Up - Includes Slump Test (ASTM C143) Temperature (ASTM C 1064) and All Pertinent Data 55.00 /Hr. 6.5 Laboratory Flexural Strength of Molded Beams (ASTM C78) 25.00 Ea. 6.6 Rebound Number (Schmidt Hammer) of Hardened Concrete (ASTM C805) 65.00/Hr. 6.7 Coring of Hardened Concrete (ASTM C42) 6.9.1 Additional Diamond Bit Charge D = Core Diameter in Inches LI = Core Length in Lineal Inches 75.00 /Hr. D x 2.00/LI 6.8 Laboratory Compression of Concrete Cores (ASTM C39) 25.00 Ea. DESI - City of Clearwater 2015 6 7.0 AGGREGATE TESTING ITEM DESCRIPTION UNIT FEE 7.1 Gradation of Fine Aggregate (ASTM C136) $ 30.00 Ea. 7.2 Gradation of Coarse Aggregate (ASTM C136) 45.00 Ea. 7.3 Specific Gravity and Absorption of Fine Aggregate (ASTM C128) 45.00 Ea. 7.4 Specific Gravity and Absorption of Coarse Aggregate (ASTM C127) 45.00 Ea. 7.5 Los Angeles Abrasion 150.00 Ea. 7.6 Soundness of Aggregate Sodium Sulfate or Magnesium Sulfate (ASTM C88) 225.00 Ea. 7.7 Dry Rodded Unit Weight of Fine or Coarse Aggregate (ASTM C29) 45.00 Ea. 7.8 Field Sampling for Laboratory Tests 55.00/Hr. DESI - City of Clearwater 2015 7 8.0 SOIL - CEMENT ITEM DESCRIPTION UNIT FEE 8.1 Soil- Cement Design (P.C.A. or F.D.O.T. Method) - Includes $ 450.00 Ea. Grainsize Analyses, proctor Curves, Specimen Compression and Recommended Cement Content 8.2 Field Inspection during Processing of Plant Produced 60.00/Hr. Placement - Includes Field Proctor, Density, Thickness and Cement Spread, If Applicable 8.3 Laboratory Compression of Field Molded Specimens 12.00 Ea. 8.4 Laboratory Compression of Field Hardened Cores 25.00 Ea. 8.5 Soil- Cement Coring 8.5.1 Technician Time and Equipment 65.00 /Hr. 8.5.2 Core Bit Charge 2.00 /LI 8.5.3 Thickness Determination 5.00 Ea. 8.5.4 Repair of Core Hole 5.00 Ea. 8.6 Field Sampling of Raw Materials for Laboratory Design 55.00 /Hr. DESI - City of Clearwater 2015 8 9.0 ASPHALT ITEM DESCRIPTION UNIT FEE 9.1 Asphalt Design 9.1.1 F.D.O.T. with Three Bitumen Contents 9.1.2 F.A.A. Design with Four Bitumen Contents $ 900.00 Ea. 1,500.00 Ea. 9.2 Asphalt Plant Inspection 9.2.1 Senior Technician Inspector 65.00 /Hr. 9.3 Field Inspection during Paving Activities 9.3.1 Senior Technician Inspector 65.00/Hr. 9.4 Laboratory Extraction and Gradation (FM IT -164 and FM IT -030) 110.00 Ea. 9.5 Marshall Stability and Properties (FM 5 -511) 90.00 Ea. 9.6 Asphalt Coring 9.6.1 Technician Time and Equipment 9.6.2 Additional Diamond Bit Charge 9.6.3 Repair of Core Hole 65.00 /Hr. 2.00 /LI 8.00 Ea. 9.7 Laboratory Preparation of Field Paving Cores 5.00 Ea. 9.8 Laboratory Density of Field Paving Cores (FM IT -166) 12.00 Ea. 9.9 Laboratory Thickness of Field Paving Cores 7.50 Ea. 9.10 Field Sampling for Laboratory Tests 55.00 /Hr. 9.11 Rice Gravity 50.00 /Hr. 9.12 Gyratory Compaction 200.00 Ea. DESI - City of Clearwater 2015 9 10.0 PILING INSPECTION ITEM DESCRIPTION UNIT FEE 10.1 Inspection of Auger -Cast, Drilled Shaft or Driven Pile (Minimum Charge of 8 Hours Per Day) $ 60.00/Hr. 10.2 Pile Compressive Load Test (ASTM D1143)* *. 10.3 Pile Tensile Load Test (ASTM D3689)* * *Quoted Based on Project Requirements DESI - City of Clearwater 2015 10 NOTES 1. Services required by client on an overtime basis (in excess of 8 hours per day, Saturday, Sunday or Holidays) will be charged the quoted rate x.1.2. 2. Fees for other services provided by DRIGGERS ENGINEERING SERVICES, INC. will be supplied upon request. 3. All hourly rates are charged portal to portal. 4. Four (4) report copies will be provided by DRIGGERS ENGINEERING SERVICES, INC. Additional copies will be charged at a rate of Cost + 15 %. 5. Any equipment rental will be charged at Cost + 15 %. 6. Out -of -town expenses, should they be required, will be billed at Cost + 15 %. 7. All prices are effective for one (1) year and are subject to renegotiation at that time. 8. In -place field density testing is performed with a minimum of $60.00 per trip. 9. All facsimile transmissions $1.00 per page. DESI - City of Clearwater 2015 11 ACGREP CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 7/9/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wallace, Welch & Willingham P.O. Box 33020 St. Petersburg FL 33733 INSURED Driggers Engineering Services, Inc. PO Box 17839 Clearwater FL 33762 DRIEN -1 NAME: Mickey Bell PHONE (A/C. No. Ext):727- 522 -7777 E -MAIL ADDRESS:certificates( w3ins.corn FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Travelers Indemnity Co. INSURER B :Phoenix Ins. Co. INSURER c :Amerisure Ins. Co INSURER D : 25658 25623 19488 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYYL LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X6601C729473PHX14 8/10/2014 8/10/2015 EACH OCCURRENCE $2,000,000 TO PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X Contractual PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES —7 POLICY n PF PER LOC PRODUCTS - COMP /OP AGG $4,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS N-OWNED AUTOS BA1C69532414GRP 8/10/2014 8/10/2015 COMBINED SINGLE-LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XSMCUP3950T073IND14 8/10/2014 8/10/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENT ON $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED'? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC206371105 8/10/2014 8/10/2015 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $1,000,000 E. L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Clearwater is additional insured with respect to General Liability if required by written contract. E HOLDER CANCELLATION City of Clearwater Engineering, RFQ #34 -15 PO Box 4748 Clearwater FL 33758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A KLI CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 7/9/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wallace Welch & Willingham, Inc. 300 1st Ave. So., 5th Floor Saint Petersburg FL 33701 g CONTACT PHONE (A /C_No_ Fxt) 727- 522'7777 IA/c. Nol: 727-521-2902 E -MAIL certificates@w3ins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A :Architects & Engineers Ins Co 44148 INSURED DRIGENG -01 Driggers Engineering Services Inc PO Box 17839 Clearwater FL 33762 INSURER B _(MM INSURER C : EACH OCCURRENCE INSURER D D. INSURER E : CLAIMS -MADE INSURER F : OCCUR IFICATE NUMBER• 1[CVIJIVn nuIVIt3CK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE AUDLSUSI< INSD WVD POLICY NUMBER POLICY EFF /DD/YYYY) POLICY EXP (MM /DD /YYYY) LIMITS COMMERCIAL GENERAL LIABILITY _(MM EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE — LIABILITY ANY AUTO AUTOS MED HIRED AUTOS — SCHEDULED NON -OWNED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ _UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional / Pollution Liab Claims Made Retro Date 9/24/1986 AEICPG12 9/24/2014 9/24/2015 Per Claim 2,000,000 Aggregate 5,000,000 Deductible 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Clearwater is additional insured with respect to General Liability if required by written contract. CANCELLATION City of Clearwater Engineering, RFQ #34 -15 PO Box 4748 Clearwater FL 33758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD